Comparative Study Of Breach Remedy For Applying

The contract is the important way of the transfer of property value in the moderneconomy and society, and the fairly effective legal regulation of the contract tomaintain market stability and prosperity is of great significance. However, not everycontract can be legally performed effectively, so how to obtain damage to the partylegal relief by breach of contract, is an important issue in the field of contract law.Remedy for breach of contract, basically can generalize in two ways for damages andactual performance, they both reflect the different legal pursuit and value concept, andalso exhibit different functions in the remedy for breach of contract. How to choosesuitable in the judicial practice, is the core issue to be discussed.In this paper, from the angle of comparative study, introduces the Anglo-Americanlaw system and continental law system on a selection of different orientation ofspecific performance and damage compensation of two remedies for breach ofcontract means, give some provides and references to the remedies for breach ofcontract to our country. Through the introduction of China breach remedy applicationsituation and application problems in practice, proposed alternative of the liability forbreach of contract system to perfect our system of Breach Remedy applied, make ourcountry future Breach Remedy application system which is based on the theory, butalso meet the needs of judicial practice, the better to solve the economic life of thebreach of contract disputes.